Contractors authorized under mining rules can issue e-challans for overloading, validating the enforcement actions taken when regulations are contravened.

JUDGMENT :

Manoj Kumar Gupta, C.J.

1. The present Writ Petition has been filed, praying for the following reliefs :-

“i) Issue a writ of certiorari quashing the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026, Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No.VC6700001046 dated 10.3.2026 issued under the authority of Director of Geology and Mining of Uttarakhand (contained as Annexure No.1 to this writ petition).

ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to release the vehicles of the petitioner confiscated by the impugned Vehicle Challan No.VC6700001044 dated 10.3.2026,Vehicle Challan No.VC6700001045 dated 10.3.2026 and Vehicle Challan No. VC6700001046 dated 10.3.2026.”

2. The case of the petitioner is that he was transporting ordinary soil, purchased from one Guru Kripa Enterprises, through Inter State Transit Pass, issued under Uttarakhand Minor Minerals (Concession) Rules, 2023. On 10.03.2026, the vehicles were checked at Matish Check Post by one Krishna Teja, District In-Charge, Kailash Riverbed Mineral, Udham Singh Nagar. It is alleged that he, without examining the Transit Pass, forcibly got the vehicles weighed and challaned, alleging overloading. The submission is that respondent no. 5 is a private person, and he had no authority to challan or detain the vehicles.

3. In view of the said submission, we granted time on 19.03.2026 to learned State Counsel to obtain instructions, as regards the power of respondent no. 5 to detain the vehicles, or issue any challan.

4. Learned State Counsel has placed on record the instructions received from the District Mining Officer dated 19.03.2026. The stand taken therein is that respondent no. 5 has been given contract after inviting tenders, in terms of Rule 69 (5) of the Uttarakhand Minor Minerals (Concession) Rules, 2023. It is also the case of the respondents that the trucks were found overloaded, and that the e-Ravanna, on basis of which the minor minerals were being transported, authorized the petitioner to transport 30 tonnes of ordinary soil, while after the vehicles were intercepted, the petitioner got another set of e-Ravannas generated to cover up the illegality.

5. Rule 69 of the Uttarakhand Minor Minerals (Concession) Rules, 2023 reads as follows :-

“69. Proprietary or Dead Rent may be collected through contractor/tender:-

(1) The Government may arrange for the collection of Proprietary or Dead Rent from the holders of mining leases by the selected contractor/successful tenderer and such holders shall, when directed by the State Government to do so, pay Proprietary or Dead Rent at the rates specified in their lease to the said contractors/tenderers within such period as may be directed.

(2) Non-payment of dues by the selected contractor/successful tenderer or the holder of the mining lease or the ownership or dead rent, as the case may be, shall have the same consequences as if the payment was made to the State Government and in that event the State Government shall have all such rights as are provided in these rules in respect of recovery of the dues from the lessee and termination of the lease.

(3) The State Government may enter into an agreement with any person, as deemed fit, for collection of ownership or dead rent from the holders of mining leases in the specified area for a period of five years or more, by negotiation or inviting tenders or by e-tender/e-auction or in any other manner on such terms and conditions as may be considered appropriate. For determining the criteria of el